In some respects, one of the most difficult types of wage and hours lawsuits are so-called “off-the-clock” cases in which the employer has promulgated lawful time-keeping and compensation policies, but the plaintiffs contend...more
We’ve commented before that while most courts apply a fairly lenient standard at the “conditional certification” phase of Fair Labor Standards Act collective action litigation, plaintiffs tend to have a harder time in...more
Despite their work uniforms and company cars, pizza delivery drivers do not have much in common (at least according to the Eighth Circuit).
Recently, in Luiken v. Domino’s Pizza, LLC, No. 12-1216, 2013 WL 399248 (8th...more
Anyone looking for a case rich in irony need look no further than EEOC v. Kaplan Higher Learning Edu. Corp., Case No. 1:10 CV 2882 (N.D. Ohio, Jan. 28, 2013). Kaplan provides, among other services, online college training,...more
We’ve commented several times in the past on the importance of the second phase of the two-step procedure now commonly employed by district courts in Fair Labor Standards Act cases. Under that procedure, courts will...more
A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more
1/31/2013
/ Arbitration ,
AT&T Mobility ,
Class Action ,
D.R. Horton ,
D.R. Horton v NLRB ,
Federal Arbitration Act ,
Gentry ,
Macy's ,
NLRA ,
NLRB ,
Over-Time ,
Preemption ,
Rest and Meal Break
Much like a war where each side steadily amasses victories and defeats, the federal courts and the National Labor Relations Board (NLRB) continue to have diverging opinions on the enforceability of class action waivers in...more
Hilti, Inc. sells power equipment for use in construction sites. A quick trip through its website reveals tools most people wouldn’t have in their home workshops, such as 1100-watt demolition hammers, gas-powered fasteners,...more
In 2004, California passed the Private Attorney General Act, more commonly known either as “PAGA” or the “sue your employer act.” PAGA permits employees to bring claims against their employer, essentially on a class basis,...more
Mandatory retirement ages have been largely eliminated for most employees, but still continue in a handful of areas. For many years, the Federal Aviation Administration prohibited pilots over the age of 60 from flying for...more
What do you do if you if you want to cash in on the recent flood of wage and hour class and collective actions, but the employer’s policies are actually lawful?...more
If someone with too much time on their hands tried to catalogue all of the decisions regarding conditional certification of proposed FLSA class actions, they would likely find that while plaintiffs prevail at this stage more...more
Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements. Since that time, the Supreme Court has repeatedly pronounced the public policy in favor of the...more
12/17/2012
/ American Express ,
Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
Class Action ,
Class Action Arbitration Waivers ,
Federal Arbitration Act ,
Nitro-Lift Technologies ,
Non-Compete Agreements ,
Oxford Health ,
Split of Authority ,
UBS
The California Court of Appeal has maintained the recent post-Brinker trend of refusing to certify cases involving meal and rest period claims where an employer has a compliant break policy....more
We’ve written several times in the past about the two-step procedure now in vogue for the handling certification of collective actions under section 16(b) of the FLSA....more
In the wake of the California Supreme Court’s decision in Brinker Restaurant v. Superior Court, 165 Cal. 4th 1004 (2012) (see our post on the decision), cases refusing to certify rest and meal period have become far more...more
The “frappe” button on a blender is useful for all kinds of recipes when you want to mix things up, but it, until now, has not been considered a viable rule of statutory construction.
We’ve written before (previous...more
We’ve written in the past that the EEOC, at times, lives by the adage “don’t let the facts get in the way of a good story.” A recent case demonstrates that the facts are, indeed, relevant and that the EEOC must permit the...more
11/20/2012